Dispute Resolution Platform Research Articles

Research on Foreign-Related Commercial Dispute Settlement Mechanism of the Belt and Road Initiative

This paper examines the current mechanisms and challenges in resolving foreign-related commercial disputes under the Belt and Road Initiative (BRI). It begins with an overview of the existing dispute resolution mechanisms, including the China International Commercial Court (CICC) and the "One-Stop" platform, highlighting their roles and limitations. The study then explores the differences between domestic and international mediation enforcement systems, the obstacles faced by foreign arbitration institutions entering the Chinese market, and the jurisdictional and functional limitations of the CICC. Drawing lessons from the WTO and the Singapore Convention on Mediation, the paper proposes several improvements: establishing a national-level BRI International Commercial Mediation Center, developing a comprehensive online dispute resolution platform, and enhancing the training and integration of foreign-related legal talents. By implementing these recommendations, the BRI dispute resolution mechanism can become more effective, fair, and internationally credible, thus supporting the smooth progression of the BRI.

Feasibility Analysis of the Integration of Guangdong Online Dispute Resolution (ODR) Mechanism and University Talent Resources

In recent years, online dispute resolution mechanisms have penetrated people's lives with the development of the Internet. Online dispute resolution mechanism not only efficiently solves the disputes of various contradictions of the parties, but also greatly alleviate the pressure of the court due to the lack of judicial resources and high cost, at the same time, the online dispute resolution platform is also faced with the dilemma of the lack of high-quality mediation talents. This paper mainly analyses the feasibility of the introduction of local university human resources into the Guangzhou ODR online dispute resolution platform by the local judicial department according to the development and operation status of the ODR online dispute resolution service platform in Guangzhou, Guangdong Province, and provides a feasible reference plan to alleviate the current situation of the lack of talents in China's online dispute resolution platform.

In Search of Living Law: How Should We Design for (Digital) Legal Interaction?

In his work on human-centric design, urban theorist Christopher Alexander elaborated design patterns as a way to conceptualise and practice urban design together with its users. Alexander aspired to design “living places”, physical spaces created by the social interactions that take place there. In this article, I use this lens to uncover the “living places” of law, and what might be the “living law” that legal design patterns could capture? I explore law as a product of design, and design as an activity, an activity that produces the many material manifestations of law. These manifestations may be digital or analog, such as case files on paper or interactive online forms, courthouse architecture or institutional webpages, courtroom furniture or dispute resolution platforms. Although often overlooked in legal scholarship, such material manifestations shape legal interaction, privileging certain forms and actors over others. They reflect values and ideologies as well as legal concepts and doctrines. By thinking about law through legal design patterns, living law becomes defined through interaction. I explore this connection between spatial and material arrangements and legal interaction they manifest and enable. This analysis makes it possible to compare law’s old material manifestations with its new places and things that rely on digital technologies. This shift of focus to legal interaction enables us to ask what legal interaction is, how it should be designed, and by whom, reconceptualising the dynamics of law, technology, and design. Ultimately, legal design patterns may provide us with conceptual and methodological tools for designing user-centric justice.

Legal Analysis of Malaysia’s Integrated Dispute Resolution Scheme: Lessons from Other Countries

The Central Bank of Malaysia and the Securities Commission Malaysia have suggested a consolidation to establish the Integrated Dispute Resolution Scheme (IDRS) for Malaysian financial consumers. The objective of the merger is to streamline and enhance the procedures for resolving disputes. This study examines the legal perspective in determining the most effective legal structures for resolving disputes efficiently. The study employs qualitative data and secondary data from Indonesia and Australia to acquire insights. The study emphasises the potential advantages of the IDRS, such as enhanced dispute resolution services, greater outcomes, and increased satisfaction for consumers seeking alternative dispute resolution platforms.

Integration Political and Legal Analysis of Dispute Resolution and Prospects for Digitalization of Justice in the Eurasian Economic Union

The article refers to a system of dispute resolution in the Eurasian Economic Union, tendencies of its reforming and prospects for digitalization as a fundamental feature of regional integration policy improvement. A complex variety of disputes in an integration association is considered: interstate, supranational vertical, supranational horizontal, and cross-border. The appropriate mechanisms for each of them and rationale to enhance integration are discussed. The authors suggest amendments for enhancing the cooperation of the EAEU Court with national courts, as well as evolving other mechanisms (arbitration and mediation). Digitalization of justice is an important element of effective regional policy. Digitization elements, including the Court’s e-cabinets for the parties, electronic signature, digital documents’ circulation, make regional justice accessible, it contributes to peoples’ loyalty for integration decisions. The article proves the necessity to harmonize approaches to online dispute settlement in a transboundary context in the EAEU; the authors draw attention to low-cost cross-border disputes in this context and consider an opportunity of creating online dispute resolution platform driven by the Commission. Improvements in regional system of dispute resolution are proved necessary to sustain integration economic and political processes in Eurasia, to promote transparency, accessibility of justice as an element of regional integration policy.

Delivering Justice Solutions to Persons with Disabilities through Online Dispute Resolution Platforms

Delivering Justice Solutions to Persons with Disabilities through Online Dispute Resolution Platforms

China’s First One-Stop Aviation Dispute Resolution Platform in Shanghai: Recent Development

Integrating a diversified dispute resolution mechanism into civil and commercial aviation dispute resolution has become an emerging trend, aiming to allow the disputing parties to have access to all available dispute resolution alternatives in a convenient, efficient and cost-effective manner. In China, the most recent development regarding the integration of a diversified dispute resolution mechanism that combines arbitration, mediation and litigation specific to aviation disputes, as evidenced by the creation of the first One-Stop Aviation Dispute Resolution Platform (hereinafter ‘One-Stop Aviation DRP’) in Shanghai on 18 May 2023. This ‘three-in-one’ platform is formed by the Shanghai International Aviation Court of Arbitration (SIACA) established in 2014, the Mediation Centre for Aviation Disputes established in 2020, and the Adjudication Station for Aviation Cases – a unique court branch – established in 2023. This article introduces the One-Stop Aviation DRP, explains the recent development of the three aviation-specific dispute resolution institutions thereunder, and proposes to use Online Dispute Resolution (ODR) as a feasible tool for constructing the One-Stop Aviation DRP in the near future. China, aviation dispute resolution, arbitration, mediation, One-Stop Platform, ODR

A STUDY ON THE «ONE-STOP» DIVERSIFIED INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION PLATFORM OF THE CICC IN THE CONTEXT OF THE BELT AND ROAD INITIATIVE

China has proposed to establish a «One-Stop» diversified international commercial dispute resolution platform (hereinafter «One-Stop» platform) in the CICC that effectively combines litigation, mediation and arbitration, which is one of the innovative measures of the CICC. However, the mechanism to effectively combine these three dispute resolution methods in the «One-Stop» platform is insufficient, the international expert committee has not been able to fully play its role, and there are difficulties in the recognition and enforcement of settlement agreements, arbitration awards, and court judgments after dispute resolution. In response to the above problems, the procedural mechanism of the «One-Stop» platform should be improved, the duties of the expert committee should be clarified, and China should consider introducing more diversified international treaties and improving domestic legislation so that the operation of the «One-Stop» dispute resolution platform can be supported by law. With such legal support, the operation of the «One-Stop» platform can provide public legal service products that are more in line with international needs.

Blockchain-Based Dispute Resolution: Insights and Challenges

A smart contract can be defined as a computer program, stored on a blockchain, which allows a transaction or an agreement—defined ex-ante—to be self-executed when some conditions are met, and without the need for a central authority to enforce it. Even if this new technology is very promising, it may face a challenge: the codified nature of smart contracts creates new types of disputes that require new mechanisms of dispute resolution, which are precisely based on the blockchain. The aim of this article is to analyze one of these emerging mechanisms, namely Kleros, which is a blockchain-based dispute resolution platform implying crowdsourced jurors whose incentives to make fair decisions are based on game theory. The Kleros case provides also a basis for a broader discussion on the future of the decentralized justice market.

Az európai fogyasztói jogviták alternatív rendezése online vitarendezési platformon keresztül

The last decades have seen a significant increase in online consumer purchases. In order to enable consumers to shop online with greater confidence, there is also a need for consumers to be able to settle their contractual disputes simply, quickly, cost-effectively and online, preferably without going to court. In response to this demand, the European Union has developed an online dispute resolution platform where consumers and traders can settle their disputes over online transactions through an interactive website, using alternative dispute resolution forums. In this paper, I will discuss the historical background and the legislation, analyse statistics and experience at European and national levels, examine whether the platform has achieved its objectives since its launch in February 2016, how its operation has been affected by the pandemic period and whether there are still gaps in the legislation to be filled.

The Concept of lex petrolea from a Dispute Resolution Perspective: When Further Development is not Possible

The argument has been made that there is a specialist body of law that has emerged from the practices of the international petroleum industry, a separate body of lex mercatoria, referred to as ‘ lex petrolea’. The article examines the literature on this and the supporting arguments, ultimately rejecting them, since, among other reasons, the absence of a specialist dispute resolution platform that could ensure a continuous and coherent elaboration, application and interpretation of petroleum principles and customs is sufficiently serious to undermine academic and practical development of the concept.

Developing an Online Consumer Dispute Resolution Platform in the Field of E-Commerce in Vietnam: Lessons from the European Union

Abstract In recent decades, e-commerce has gradually become a thriving industry that generated a huge profit and enhanced the life quality of nations around the world, including Vietnam. Nevertheless, the development of the Vietnamese e-commerce industry has also engendered a handful of consumer disputes that could not be easily resolved through traditional, face-to-face dispute resolution methods. A consumer redress system that addresses e-commerce transactions is essential to the continued success and growth of e-commerce. In this paper, we argue that traditional domestic judicial mechanisms for legal recourse do not adequately satisfy the needs of consumers or vendors and propose an online dispute resolution (ODR) system as a more reasonable, efficient and fair alternative. The ODR system will provide a forum in the same virtual marketplace environment in which consumers purchase their goods or services, allowing broad accessibility, as well as swift and affordable recourse for the parties involved. This paper will more specifically discuss the EU experience in promoting the ODR system for consumer e-commerce disputes, which can serve as a reference for the policy makers in establishing the legal framework for ODR in Vietnam. In addition, this paper also suggests a specific set of guidelines for the essential attributes that must be present in the Vietnamese consumer ODR platform.

A decentralized structure to reduce and resolve construction disputes in a hybrid blockchain network

Disputes routinely arise in construction projects, and they have major cost and schedule impacts. Therefore, they need to be either prevented effectively by proper contract and payment execution or resolved efficiently with enhanced resolution processes regarding cost, duration, effort, and transparency. However, current practices are inadequate for both effectiveness and efficiency since they mainly depend on centralized authority. This paper is designed in two folds; first, a generic blockchain-based online dispute resolution platform is tested with two litigation cases collected in 1999 and 2009 to show the need for a construction-focused system. Then, a new construction-specific framework, Decentralized Construction Enabling Transparent Resolution (DCENTR), is proposed to address the unique nature of construction projects. Ultimately, it is shown that dispute likelihood can be minimized through reliable contract and payment execution, and if occurred, construction disputes can be resolved with higher transparency and dramatic savings in effort, time, and cost.

CHINA INTERNATIONAL COMMERCIAL COURT (CICC): INNOVATION AND PRACTICE OF DIVERSIFIED DISPUTE RESOLUTION MECHANISM

The China International Commercial Court (CICC), as a permanent adjudication organ of the Supreme People's Court of China, has built an innovative diversified dispute resolution mechanism on the existing platform. Since its establishment, CICC has been operating steadily and is poised to become a global commercial dispute resolution platform. On this ground, this article suggests that the expert committee mechanism and the information technology application of the «one-stop» platform should be further improved, and the use of diversified dispute resolution should be emphasized to promote the ultimate realization of the results of dispute resolution within the CICC, and ultimately enhancing the credibility and influence of the CICC, so as to build strong brand recognition of the CICC under the momentous changes unseen in a century.

From cryptocurrencies to cryptocourts: blockchain and the financialization of dispute resolution platforms

ABSTRACT This paper contributes to emerging discussions of blockchain governance through an analysis of dispute resolution platforms that reimagine justice. We focus specifically on Kleros, a blockchain-enabled dispute resolution platform, that promises to secure, authenticate, and democratize access to justice for the twenty-first century. We advance the concept of cryptocourts whereby jurors, incentivized by accumulating cryptocurrency, rapidly mobilize using principles of on-demand crowdsourcing to resolve disputes. We critique the broader social imaginaries that cryptocourts such as Kleros will result in a more open, trustworthy, transparent, and democratic systems of justice. These platforms instead pose important questions concerning their potential impact on civil dispute resolution practices by embedding it within an economy of cryptocurrency speculation. This ostensibly results in a legal infrastructure founded on principles of financial acquisition that positions jurors as economic agents seeking to profit from disputes, and courts as computational systems that merely authenticate and secure the distribution of evidence and verdicts.

Online Dispute Resolution Platforms: Cybersecurity Champions in the COVID-19 Era? Time for Arbitral Institutions to Embrace ODRs

The COVID-19 pandemic has led to an increase in the interest in alternative dispute resolution, especially arbitrations conducted online. The greater utilization of online platforms and digitization has coincided with the growing frequency and sophistication of cyber-attacks. Reportedly, by 2021 a business will fall victim to cyber-attacks every 11 seconds. Therefore, it is critical for these platforms to provide secure digital environments where the exchange of communications, storage of evidence and files, and virtual hearings can be conducted remotely and securely. The necessity of providing easily accessible platforms apt to handle complex disputes has brought to light the importance of online dispute resolution (ODR) platforms. Some of these platforms have taken the initiative to encompass robust security measures through which they implement standards consistent with the existing protocol on cybersecurity (2020 Protocol). Such measures may shift the arbitration landscape, in which these platforms may play an important role in institutional and ad hoc arbitration globally.

МЕЖДУНАРОДНО-ПРАВОВЫЕ ОСНОВЫ ФУНКЦИОНИРОВАНИЯ МЕХАНИЗМОВ РАЗРЕШЕНИЯ ТОРГОВЫХ СПОРОВ В КОНТЕКСТЕ ЕВРАЗИЙСКОГО ЭКОНОМИЧЕСКОГО СОЮЗА

The article examines an international legal framework of the dispute resolution under free trade agree-ments. The existing mechanisms for resolving trade disputes are analyzed and their classification is given. The article demonstrates an evolutionary change of the approach of States to the formulation of provisions on dispute settlement in international trade treaties. Special attention is paid to the systems of dispute resolution under free trade agreements to which the Eurasian Economic Union is a party. The free trade agreements of the Eurasian Economic Union and its member States with the Socialist Republic of Vietnam (2015), the Islamic Republic of Iran (2018), the Republic of Singapore (2019) and the Republic of Serbia (2019) are compared with respect to the dispute resolution mechanisms. The article focuses on such institutional aspects as the method of appointing arbitrators, the scope of interstate disputes and the competition of dispute resolution platforms. The effectiveness of the dispute resolution systems of the World Trade Organization and special-ized mechanisms under the free trade agreements of the Eurasian Economic Union and its member States is evaluated. The negative and positive aspects of the existing mechanisms under the free trade agreements of the Eurasian Economic Union and its member States are highlighted, and the ways of their development are proposed.

Crowd Arbitration: Blockchain Dispute Resolution

Internet technology makes digital value transactions between anonymous individuals possible, but leaves unanswered the question of how to resolve disputes between unidentified parties. Blockchain dispute resolution platforms provide a response to this problem. In the social dispute resolution systems for blockchain currently in use, pseudo anonymous jurors can resolve disputes between pseudo anonymous parties. This paper presents Kleros as the most illustrative blockchain dispute resolution platform BDRP. To describe the features of the Kleros dispute resolution platform and the qualification of jurors, this research employs an online dispute resolution survey of both the jurors and stakeholders of the Kleros platform. This study raises important questions about key elements of procedural justice in resolution platforms for blockchain disputes. The research underlines the pros and cons of dispute resolution for crowdsourced blockchain and contributes to the further development of online dispute resolution systems. It tests the wisdom of the crowd as the core attribute of the resolution process in crowdsource disputes. Crowdsource mass dispute resolution, coupled with cooperative jurors and blockchain technology, could ensure greater effectiveness and fairness of the dispute resolution process, especially the adjudication of online small claims disputes.

Онлайн-урегулирование споров в сфере электронной коммерции

This article on Online Dispute Resolution in E-Commerce provides a detailed analysis of the international legal framework for conciliation and online dispute resolution. The authors analyze the conceptual apparatus of online dispute resolution in the field of e-commerce, the subject of this category of disputes, as well as the person composition of their dispute resolution, including the relevant specializedorganizations, includingmediationcenters, andaspecializedentitiessuchasInternetombudsmen, e-commerceombudsmen and etc. Special attention is paid to the rules ensuring transparency of information about the functioning of platforms for online dispute resolution, and about the persons administering their activities. The article examines the online dispute resolution procedure, as well as the activities of online dispute resolution platforms and persons administering their activities, including their functional responsibilities. The authors come to the conclusion that at a certain stage of the introduction of digital technologies there is competition between legal norms and regulations and algorithms that mediate the use of these technologies. Unfortunately, both are subject to the threat of corruption. In this regard, a proposal is being formulated regarding the establishment of anti-corruption restrictions and obligations, and a requirements to avoid conflicts of interest with respect to persons administering online dispute resolution platforms.

Implementing a South African E-Dispute Resolution System For Consumer Disputes

In the 1990s, online dispute resolution became more prevalent with the growth of the Internet and its accompanying issues. Yet despite the apparent advantages of online dispute resolution platforms, South Africa has lagged behind in using such a system for consumer disputes. It has become necessary to appeal for the use of an online system since courts are often too costly and backlogged with other disputes; and existing consumer mechanisms found in the Consumer Protection Act 68 of 2008 have proved to be ineffectual. With the expansion of artificial intelligence and South Africa now entering the Fourth Industrial Revolution, it is evident that reforms to consumer laws may be necessary to keep up with technological advances, as well as to expedite consumer disputes. The use of an online dispute resolution system powered by artificial intelligence may prove beneficial in South Africa. This article argues for the implementation of an e-dispute resolution system similar to eBay’s online Resolution Center.